Opinion
2012-09-27
The PEOPLE of the State of New York, Respondent, v. Rivin K. FAVOURITE, etc., Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Bruce D. Austern of counsel), for appellant. Rivin Favourite, appellant pro se.
Robert S. Dean, Center for Appellate Litigation, New York (Bruce D. Austern of counsel), for appellant. Rivin Favourite, appellant pro se.
Robert T. Johnson, District Attorney, Bronx (Rafael Curbelo of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Michael A. Gross, J.), rendered November 4, 2009, as amended December 21, 2009, convicting defendant, after a jury trial, of robbery in the first degree and assault in the second degree, and sentencing him, as a second violent felony offender, to an aggregate term of 23 years, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the jury's credibility determinations. There was ample evidence of defendant's accessorial liability, including evidence that he threatened the victims and demanded money.
We perceive no basis for reducing the sentence.
We have considered and rejected defendant's pro se claims.